United States Fourth Circuit

The district court erred in counting defendant's prior consolidated sentence for multiple violations of state law, as "at least two prior felony convictions" and sentencing defendant as a career offender on that bases, where: 1) a consolidated sentence under North Carolina law is a single sentence for purposes of the career offender enhancement under the U.S. Sentencing Guidelines; and thus, 2) defendant's sentence is vacated and remanded for re-sentencing.

Appellate Information

• Decided 06/24/2013
• Published 06/24/2013

Judges

• GREGORY

Court

• United States Fourth Circuit

Counsel